California's new "sanctuary law'" purports to grant "discretion" to a "law enforcement official" to "cooperate with immigration authorities," but only under certain circumstances and even then "only if" it does not conflict with any "local law" or
"local policy." There are also numerous other provisions which deprive an officer of any discretion at all. Put another way, under those circumstances he is PROHIBITED from "cooperating."
Note that even this limited granting of such discretion is
strictly illusory. A "policy" is not a legal pronouncement of any kind. It doesn't even arise to the level of a municipal ordinance, and yet cooperation is prohibited if there is a "policy" which prohibits it.
It goes on to state numerous co-operative activities which are strictly prohibited, such as inquiring into the immigration status of any person, providing information about the release date of a person held in custody, etc.
Note that the granting of such discretion is
strictly illusory. A "policy" is not a legal pronouncement of any kind. It doesn't even arise to the level of a municipal ordinance.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB54
After delineating many other overbroad and vague circumstance where no discretion to cooperate is allowed, the whole sham recites, at the end that a certain provision of it that that particular provision (but not all provisions) does not prohibit compliance with 8 USC 1373, but even then cooperation is not "required," just purportedly "allowed."
But it does prohibit it actually, inasmuch complying would be "cooperation" with the feds.
They are hoping this insertion will save them from being charged under section 1373, but that will never fly, given the other contents of the statute.
They have also passed are other related laws, which don't pertain to law enforcement officials but rather to private employers, and such, which they are threatening to enforce by individual prosecution.
Of course section 1373 is just a minor provision. Section 1324, relating to harboring, encouraging, assisting, etc. an illegal alien to enter or remain in the country has the real teeth--punishable by 10 years in the pen.
Jeff is on the case(s) already.